Does your landlord or a buyer want to move in?
A landlord can evict you if they, certain family members, or a caregiver wants to move into your place. You can also be evicted if the place is sold and the buyer wants to move in. The buyer can also be called the “purchaser”.
The information in these pages is only about housing covered by the Residential Tenancies Act (RTA). Most rental housing in Ontario is covered by the RTA. The RTA says that tenants can only be evicted for certain reasons and only after certain steps are taken.
But your housing might not be covered by the RTA if:
- you share a kitchen or bathroom with the owner of the property or the owner’s close family members,
- it’s meant for temporary or seasonal stays, such as a hotel, cottage, or Airbnb, or
- you rent both business and living space under the same rental agreement.
If you live with roommates, the RTA might not apply to you either. CLEO’s shared housing tool has information about the laws that apply to your situation. Visit stepstojustice.ca/share-housing.
If your housing is not covered by the RTA, or if you are not sure, you should get legal help.
You can be evicted even if you always pay rent on time and have never caused any problems.
If you get a notice for your landlord moving in, read the information at stepstojustice.ca/N12-landlord. If a buyer is moving in, read stepstojustice.ca/N12-buyer.
When can a landlord use this notice?
If your housing is covered by the RTA, a landlord or buyer must give you a written eviction notice on a form called Notice to End your Tenancy Because the Landlord, a Purchaser, or a Family Member Requires the Rental Unit — Form N12.
A landlord can only try to evict you using the Form N12 if one of these people plan to move in:
- the buyer or the landlord
- the buyer or landlord’s spouse, parents, or children
- the buyer or landlord’s parents-in-law or stepchildren
- a caregiver for any of the above people
And the person moving in must swear a statement that they plan to live in the rental unit full-time. If the person moving in is the landlord, their family member, or a caregiver for the landlord or their family member, the statement also needs to say that they plan to live in the rental unit for at least one year. The landlord should file this statement with the Landlord and Tenant Board (LTB) when they apply to evict you.
If the buyer, their family member, or a caregiver for the buyer or their family member is moving in, you can only be evicted if:
- your building has 3 units or fewer, or
- you live in a condo unit.
Can I fight the notice to move out?
Yes. The landlord or buyer cannot force you to move until they get an eviction order from the LTB. The LTB will hold a hearing to decide if they will give this eviction order. The landlord will have to prove all of the following:
- they followed all the right steps to evict you
- the person moving in honestly plans to live there
- the person moving in plans to live there for at least one year, if that person is the landlord, their family member, or a caregiver for the landlord or their family member
You can tell the LTB why you think you should not be evicted. For example, you might want to challenge the notice if:
- you do not believe the person is really going to move in
- the person moving in is not the landlord, buyer, an allowed family member, or a caregiver
- there are problems with the Form N12
- your landlord or buyer has given other Form N12 notices in the past and never moved in
- your personal situation makes it very difficult for you to move
This is not a complete list of the reasons you can use to challenge the notice. It is a good idea to get legal help if you plan to fight the eviction.
Do I get compensation if I get this notice?
Yes. Your landlord must do one of the following:
- offer you another acceptable unit to move to
- pay you at least one month’s rent
- let you skip paying rent for at least one month
They must give you this compensation no later than the termination date on the Form N12. If they do not compensate you, you can raise this with the LTB to stop the eviction.
My landlord is offering me extra money if I don’t fight the notice. Can they do this?
Yes, your landlord can offer you extra money. And you can decide if you want to accept it. You might want to think about how much rent you will have to pay elsewhere if you agree to move early.
Can my landlord ask me to sign a Form N11? They have not given me a Form N12.
Yes, your landlord can ask you to sign an Agreement to End the Tenancy — Form N11. But you should only sign if you want to move out.
It is a good idea to wait for your landlord to give you a Form N12 instead of signing a Form N11. If you sign the Form N11, you might not get the compensation the law requires for Form N12 notices. And you might not be able to file a complaint with the LTB if the person never moves in.
What can I do if the person does not move in?
If you moved out and the person does not move in, you might be able to apply to the LTB to get more compensation. You must apply within one year after the day you moved out. The application you use is called the Landlord Gave a Notice of Termination in Bad Faith — Form T5.
The LTB can order the landlord or buyer to pay:
- your moving and storage costs
- “general compensation” up to the value of your last year of rent
- the difference in rent for up to one year
There are other things you can ask for. It is a good idea to get legal help before you apply.
How can I find out if the person moved in?
There are several ways to find out if the person moved in. For example, you can:
- check if the place was listed for rent or for sale
- talk with your old neighbours
- check if the place looks lived in
The person does not have to move in right away. They can take a reasonable amount of time to do things like repairs before they move in. And sometimes, the person does not have to move in at all. They might be able to prove that, while they honestly planned to move in when they evicted you, something unexpected stopped them from moving in. In this case, the LTB may not order them to pay you compensation.
Where can I get legal help?
If you have a low income, your community legal clinic can help. To find your local clinic, contact Legal Aid Ontario at 1-800-668-8258 or legalaid.on.ca/legal-clinics.
You may also be able to get free legal help from Pro Bono Ontario’s legal advice hotline at 1-855-255-7256.